May 23 2017

Andrée-Anne Jeansonne et Caroline Jonnaert published in les Cahiers de propriété intellectuelle

To what extent can a company refer to a third party trademark when promoting its own goods or services, particularly if such reference may erroneously lead consumers to believe there is a link between the two entities?

This situation raises several legal issues, including the concept of extended passing off. An action based on extended passing off applies to situations where an advertiser falsely suggests that his or her products or services are approved, authorized or endorsed by a third party or, simply, that there is a relationship between the companies involved.

Andrée-Anne Jeansonne and Caroline Jonnaert published an article on this question in the last issue of Les Cahiers de propriété intellectuelle. Based on the conference presented by Caroline Jonnaert last January, this article presents the grounds of an action based on extended passing off and its application in Canadian law.

The citation for this article is: Andrée-Anne Jeansonne & Caroline Jonnaert, “Le ‘passing off’ élargi : quels fondements pour quelles applications ?” (2017) 29 CPI.



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We can quickly perform a preliminary research on the availability of a trademark before you present your clients or partners with a new slogan or trademark that may engender confusion with an existing trademark and therefore cannot be used.

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